MATUL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision application has been preferred for setting aside the judgment dtd. 7/5/2018 passed by learned 3rd Additional Session Judge, Katihar in Criminal Appeal No. 52 of 2013 whereby and whereunder he has been pleased to affirm the judgment of conviction and order of sentence dtd. 8/7/2013 passed by Sri Md. Manzoor Alam, Judicial Magistrate- Ist Class, Katihar in GR No. 983 of 2003 corresponding to Abadpur P.S. Case No. 19 of 2003.

(2.) By the impugned judgment, the conviction and sentence passed by the learned trial court for the offence under Ss. 323, 342, 379 and 506 of the Indian Penal Code has been affirmed. The petitioners have been ordered to undergo simple imprisonment for a term of one year under Sec. 323 of the Indian Penal Code, one year simple imprisonment under Sec. 342 IPC, 2 ½ years simple imprisonment under Sec. 379 IPC and two years simple imprisonment under Sec. 506 IPC. All the sentences are to run concurrently and the period undergone in jail custody, if any, shall be set off. Prosecution Story:-

(3.) As per the prosecution story, the father of the informant had a piece of land in Mauza, Palasi bearing Khata No. 57, Khesra No. 201 measuring area 25 decimals. He had six mango trees standing on his share of land. It is alleged that on 5/6/2003 at about 8:30 am, all the named accused persons variously armed with traditional deadly weapons entered into the orchard by using filthy language against his father and brother. On this, when his own brother Md. Naiyyar objected, he was assaulted by Jainul and Mahboob. All the accused persons plucked the mangoes and when the informant along with other brothers went there to object, they were also assaulted and all of them were threatened to kill. It is alleged that the accused persons took away the mangoes worth Rs.10.0012 thousand. On hulla, the witnesses came and saw the occurrence. On the basis of written report of the informant (PW-9), Abadpur P.S. Case No. 19 of 2003 was instituted under Ss. 143, 341, 342, 323, 504, 506 and 379 of the Indian Penal Code.